Sudhir Awasthi vs Shurupa Awasthi

Alok Kumar Verma, J

Mr. Sagar Kothari, Advocate submitted that the petitioner, aged about 74 years, has filed an Original Suit (O.S. No.539 of 2022) against the respondent, aged about 66 years, under Section 7(1)(c) of the Family Courts Act,1984.

Present Writ Petition has been filed under Article 227 of the Constitution of India with the following prayers : -

“(i) An appropriate order or direction, directing the Court of learned Additional Principal Judge1, Family Court, Dehradun to decide and conclude the proceedings in O.S. No. 539/ 2022 ‘Shri Sudhir Awasthi Vs Smt. Shurupa Awasthi’ expeditiously within 6 month or within the time period as stipulated by this Hon'ble court.

(ii) An appropriate order or direction, directing the Court of learned Additional Principal Judge-1, Family Court, Dehradun to grant adjournment to defendant/ respondent strictly as per Order 17 Rule I of Civil Procedure Code, 1908.

(iii) Any other suitable writ, order or direction which this Hon'ble court may deem fit and proper in the circumstance of the case

(iv) Award the cost of petition to the petitioner.”

Mr. Sagar Kothari, Advocate, has requested to decide the present writ petition directing the trial court to expedite the hearing of the Original Suit No.539 of 2022 and decide the same as expeditiously as possible.

In the facts and circumstances of the case, the Trial Court will endeavour to decide the Original Suit No.539 of 2022 as per law, as expeditiously as possible and without granting any unnecessary adjournment to either of the parties.

The present writ petition is disposed of in the aforesaid terms.

It is made clear that this Court has not expressed any opinion on the merit of the case.